This is the new and fully updated edition of the acclaimed and authoritative book on Australian constitutional law.

Fresh material reflects the contemporary approach of the High Court including its emphasis on statutory interpretation as a tool of constitutional analysis.

The book has also been fully revised and updated for major High Court and overseas decisions, including McCloy v New South Wales, Williams v Commonwealth (No 2), the Brexit Case and Plaintiff M68/2015 v Minister for Immigration.

Always 'much more than a casebook' as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators.

As the reviewer for the Law Institute Journal said of the most recent edition, this book is 'a great resource for practitioners wanting an authoritative guide to Australian constitutional law' and a 'must-have for law students who would like more depth of analysis'.

Key Features of the New Edition

Latest Decisions:

The text incorporates full analysis of the High Court's decisions in the important citizenship case (Re Canavan) and right to protest case (Brown v Tasmania) both handed down in late October 2017.

A new chapter on statutory interpretation and its connection to Australian constitutional law.

Substantial revisions to the chapter on constitutional change to take account of the Uluru Statement from the Heart and related developments up to late 2017.

Fresh perspectives on constitutional interpretation.

Consolidation of the material on the implied freedom of political communication into a single chapter, offering a more streamlined account of the doctrine's development.

Major updates to the chapters on the High Court and judicial power.

Fully revised and updated for every major constitutional case since the 6th edition, including

Industry Reviews

The insightful commentary and incorporation of a wide range of constitutional scholarship is what sets this book apart from many others in the field. The new edition maintains the status of this book as “much more than a casebook” as Sir Anthony Mason said of a previous edition. … In short, this is a really useful, authoritative reference on Australian constitutional law for any practitioner’s library. - Chris McGrath, Hearsay, September 2018, 83

Chapter 9: The States
1. Introduction 2. State Legislative Power (a) Peace, Welfare and Good Government (b) Constitutional Amendment 3. Manner and Form Requirements 4. Alternative Procedures 5. Further References

Chapter 10: The Territories
1. Introduction 2. Scope of the Territories Power 3. Limits on the Territories Power 4. Law-making by Self-governing Territories 5. Further References

Chapter 12: The Executive
1. The Crown 2. The Governor-General 3. Executive Power (a) Prerogative Power (b) Nationhood Power (c) Power Conferred by Statute (d) Capacities of Contracting and Spending 4. Control of the Executive (a) Responsible Government (b) Constitutional Writs 5. Further References

Chapter 14: Separation of Judicial Power
1. The Separation of Federal Judicial Power 2. The Separation of State Judicial Power 3. Defining Judicial Power 4. Judicial Power and Administrative Tribunals 5. Exceptions to the Boilermakers Case (a) Military Tribunals (b) Delegation of Judicial Power (c) Persona Designata Rule 6. The Incompatibility Exception 7. Legislative Usurpation and Interference 8. Further References

Chapter 20: Defence Power
1. Nature of the Power 2. War 3. Post-War 4. Peace 5. Military Justice 6. Cold War: The Communist Party Case 7. Terrorism and National Security 8. Further References

Chapter 21: External Affairs Power
1. Introduction 2. External Affairs (a) Relations with Other Countries (b) Matters External to Australia (c) International Law Other than Treaties 3. Implementing Treaties (a) First Approaches (b) The Expanding Power (c) The Power Confirmed (d) International Recommendations 4. Further References

Chapter 23: Races Power
1. Introduction 2. A Commonwealth Power in Relation to Aboriginal People 3. Special Laws Deemed Necessary for People of Any Race 4. For the Benefit of a Race? 5. Further References

Chapter 25: Appropriation and Grants
1. The Appropriation Power (a) ‘Purposes of the Commonwealth’ (b) The AAP Case (c) Section 81 Resolved 2. The Grants Power (a) The Early Cases (b) The Uniform Tax Cases (c) Limits on the Power 3. Further References

Chapter 28: Economic Freedoms
1. Freedom of Interstate Trade, Commerce and Intercourse (a) Isaacs, Dixon and Barwick (b) The Whitfield Thunderbolt (c) Cole’s New World (d) ‘Intercourse’ among the States 2. Acquisition of Property on Just Terms (a) Property (b) Laws with Respect to the Acquisition of Property (c) Just Terms 3. Further References

Chapter 29: Freedom of Political Communication
1. Introduction 2. The Murphy Catalyst 3. Launch of the Implied Freedom 4. Expansion and Division 5. The Implied Freedom Confirmed 6. The Scope of the Implied Freedom (a) The Politics of Protest (b) The Judicial Process (c) Refining the Second Lange Question (d) The Electoral Process (e) The Implied Freedom after McCloy 7. Movement and Association 8. Further References